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HomeMy WebLinkAbout12-08-2010-Doc15846 SPECIAL COUNCIL MEETING December 8, 2010 The Special Council Meeting of the Council of the County of Kauai was called to order by the Council Chair Jay Furfaro at the Council Chambers, 3371-A Wilcox Road, Lihu`e, Kauai, on Wednesday, December 8, 2010 at 10:19 a.m., after which the following members answered the call of the roll: Honorable Tim Bynum Honorable Dickie Chang Honorable Derek S.K. Kawakami Honorable Nadine K. Nakamura Honorable Mel Rapozo Honorable JoAnn A. Yukimura Honorable Jay Furfaro, Council Chair APPROVAL OF AGENDA. Mr. Chang moved for approval of the agenda as circulated, seconded by Mr. Rapozo, and unanimously carried. LEGAL DOCUMENT: Chair Furfaro: Thank you. PETER A. NAKAMURA, County Clerk: At this time, Mr. Chair,- if we could go to the Legal Document that's on the council's agenda. The legal document is attached to communication C 2011-02. C 2011-02 Communication (12/02/2010) from the Mayor, recommending Council approval of the conveyance of 0.74 acres of real property to the County for the expansion of Black Pot Beach Park, as follows: • Limited Warranty Deed by John Charles Hodge (Grantor) conveying to the County of Kauai (Grantee) Lot 56, Hanalei and Waioli, District of Hanalei, Island and County of Kauai, State of Hawaii, and further identified by TMK (4) 5-5-001:011: Ms. Yukimura moved to approve the legal document attached to communication C 2011-02, seconded by Mr. Bynum. Chair Furfaro: So as mentioned earlier before we broke, we're taking these items out of order. Is there someone from the county attorney's office? I'm going to suspend the rules. There being no objection, the rules were suspended. Chair Furfaro: Thank you, Mr. Jung, if you could just give us a quick overview of the item 2011-02. IAN JUNG, Deputy County Attorney: Sure, thanks, Council Chair. Good morning, Councilmembers, Deputy County Attorney Ian Jung for the record. And just so you guys know...I know a lot of you are familiar with this particular land transaction and where I came in was a little late in the game. Thanks to the Kauai Public Land Trust, as well as the Open Space Commission, we were able to finally come to a close on this particular property. We are in the position right now where the grant agreement was awarded by the State to the County of Kauai, which was SPECIAL COUNCIL N~TING - 2 - ~ecember 8, 2010 authorized by this council. The $800,000.00 through the Legacy Lands Conservation Program will be coming to the county within the next week or so. And then that will be the last installment into escrow because the $11.85 million that was allocated by this council for the project through the open space fund has already been deposited into escrow, as well as the $350,000.00 through the park special fund for the Hanalei District, as well has been deposited into escrow. So we're at the final stages of this transaction. The land sales agreement was entered into on September 2, so we are truly in the final stage here and on the home stretch. So, it should be done before the end of the year. Chair Furfaro: Okay, just so that, you know, the moving parts on the funds are...that I clearly understand it, the state funds are coming to the county? We and then in turn deposit it into escrow. Mr. Jung: That's correct, so it'll be a check issued to the County of Kauai as the awardee through the grant, and then when we do receive the check, we will deposit it and then have another county check issued into escrow for the final leg of closing. Chair Furfaro: Okay. The amount from the trust fund for the North Shore parks, that money has already been moved into an escrow account? Mr. Jung: It has, correct. Chair Furfaro: Thank you, thank you. Mr. Jung: And here today, there are some members of the open space commission who may want to speak about how they prioritized this particular property for this council to approve, as well as Jennifer Luck, who was very instrumental in facilitating this whole process so we could get this thing moving to the final stage here. So, I don' t know if they'd like to... Chair Furfaro: Well, thank you for reading my speech and asking for the next speaker, but let me first see for the county attorney's office if councilmembers have any questions about the movement of funds. Are there any questions on the question of funds for the county attorney's office? Go ahead, Councilwoman Yukimura. Ms. Yukimura: I don't have any question. I just want to thank you, Mr. Jung, and the county attorney's office for all the work that you've put into making this happen. This is very exciting and couldn't have been done without you and the support of the administration, so thank you. Chair Furfaro: Tremendous amount of kokua here from everybody on all parts to make this happen. So that's the key word today in values, kokua. There is value in kokua. Mr. Jung, I personally want to thank you as well, but I'm going to ask others if they want to speak since the rules are still suspended. Are there any more questions of the county attorney's office? If not, sir, may I ask you to give up your seat? Mr. Jung: Sure. Chair Furfaro: Is there anyone in the public, in particular from the open space committee, Kauai Land Trust, that would like to speak? JENNIFER LUCK, Executive Director, Kauai Public Land Trust: Good morning council members... SPECIAL COUNCIL METING - 3 - Chair Furfaro: Good morning. December 8, 2010 Ms. Luck: ..,for the record Jennifer Luck, Executive Director of the Kauai Public Land Trust. I just wanted to thank all of you for your support of this project throughout the entire process. It was a true honor to be part of this collaborative process on this project. It was a wonderful effort between the Kauai Public Land Trust, the County of Kauai, and the State of Hawaii, and I think it is a real model of how to get those places of the heart acquired for the public good. All three, the private non-profit, the county level and the state all working together to obtain a tremendous goal that will benefit many, many people on this island. And I also just wanted to say a few words that... about Dr. Gary Blaich. Without him this wouldn't have happened. He had the vision and encouraged the staff and the board of Kauai Public Land Trust to move in this direction and to reach out to Mr. Hodge, and stayed on top of all of us throughout the process in encouraging us and if we ever got frustrated or worried about obtaining funding, his can-do attitude and his tireless spirit, and his vision and passion for land conservation kept us all going. So, I think it's very appropriate that we're here today and I wish so much with all my heart that he could be here with us, but I'm so glad that we're accomplishing this and I know that he's very happy about it and I wanted to thank you all for your wonderful certificate of condolence earlier and just wanted to pay special tribute to him and to also say how wonderful it is to have his family here with us as well. So, thank you again and if there are any additional questions for me, I'd be happy to answer them. Chair Furfaro: Jennifer, I want to thank you for summarizing that. As we're at where we're at today with this acquisition; I concur, many meetings with the Land Trust, Dr. Blaich, coming up on various hurdles, various assessments, finding some additional money. He guided the ship right to the ultimate goal which was making the expanded Black Pot possible. Ms. Luck: Mm-hm. Chair Furfaro: So I concur very much and it's just very refreshing to see that we're at this point and that all of his efforts sincerely paid off for the community. So thank you. Are there any additional questions of Jennifer? Councilwoman Yukimura. Ms. Yukimura: I just want to thank you, Jennifer, for your efforts. I know that they were numerous and many and constant, so thank you for that and to the Trust. I think this day and this action is a wonderful tribute to the memory of Dr. Blaich and I know that while he's not physically here, his spirit is definitely here and it will be there on the land every day as people enjoy the expanded park and the beauty of Black Pot and Hanalei Bay. Ms. Luck: I agree. . Chair Furfaro: Thank you, councilwoman. Any other questions for Jennifer, in particular, representing the Land Trust? If not, Jennifer, thank you for all of your efforts and we will continue to take some public testimony and hopefully get to an approval vote in a few minutes here. Ms. Luck: Great, thank you so much. Chair Furfaro: Thank you. Is there anyone else that wants to speak from the open space committee, from the Kauai Land Trust... open space? SPECIAL COUNCIL ~TING - 4 - JEAN SOUZA: Chair Furfaro: Good morning. Good morning. ~ecember 8, 2010; Ms. Souza: I'm Jean Souza. I'm on the open space commission and with me today are Nani Sadora, our open space specialist with the planning department, and Tessie Kinnaman, who's the new chair of the open space commission. I think this is a day for celebration for all of Kauai. You know when they .say that planets align themselves, this has its history back in, you know, as many as eight years ago when the people of Kauai approved the charter amendment creating the fund. Councilmembers formed the open space commission. Everything had to get in alignment and this is the first purchase using the fund. And so this is something for all of us to celebrate and hopefully it's one of many, it's the start of many to come. So, I want to extend our appreciation to everybody in making this happen, both in the past and today, great job for everybody. Mahalo. Chair Furfaro: Thank you, Jean, and thank you to. your team as well. Ms. Souza: Oh, and I should mention too that Beryl is also a former commissioner, and she, Tessie and myself are some of the founding members of the commission appointed by yourselves and the mayor. So thank you. Chair Furfaro: It is a day to celebrate. I concur. Are there any other... Councilwoman Yukimura. Ms. Yukimura: I want to thank you and the open space commission for holding the torch throughout all of this too and I'm remembering that Councilmember Nakamura also was a facilitator of some of your initial processes, so she's been involved too. And your mention of Beryl as one of the founding members of the open space commission just shows us that land conservation has been a family matter in the Blaich household. Chair Furfaro: Thank you, thank you very much. Ms. Souza: Thank you. Chair Furfaro: Is there anyone else that would like to speak on this matter? Mr. Mickens, please come right up. GLENN MICKENS: Thank you, Jay, for the record Glenn Mickens. I'm not on the commission, obviously, but I just want to thank all these members sincerely for their hard work and doing what they're doing to preserve the open space here on Kauai, particularly Gary and Beryl, without them we wouldn't have it. So I just wanted to really thank them and my deepest condolences to Beryl and her family for Gary because I didn't even know he was sick and I was just shocked when I did read it in the paper. But anyway, these people deserve tremendous accolades from the public for what they're doing for all of us. Thank you. Chair Furfaro: Thank you for your comments. Mr. Taylor, did you want to speak? No? Thank you. If there's no one in the audience that wishes to give any additional testimony, I'm going to call the meeting back to order. There being no one else wishing to speak on this matter, the meeting was called back to order, and proceeded as follows: SPECIAL COUNCIL METING - 5 - December 8, 2010 Chair Furfaro: Members, is there any additional discussion before I ask for a motion to approve? Ms. Nakamura: Just a short note. I wanted to say that this is just a great example of public, private, non-profit collaboration and I think it sets a really great example. I think this is what the public really wants to see, government working hand-in-hand with our community to achieve our joint vision for this island. So I want...I know it's not been without a lot of hard work on the part of the open space commissioners, planning staff, the board and staff of the Kauai Public Land Trust, and the county administration. So thank you all for your commitment and perseverance to get us to this point. Chair Furfaro: Thank you very much. We do have a vote. We have a motion to approve and a second. Any further discussion? Councilwoman Yukimura? Ms. Yukimura: ,Yes, Chair Furfaro. I just want to say that I am so happy and this vision has been very long-standing. To see it come to fruition is a wonderful, wonderful thing. Chair Furfaro: I agree. It's been an issue in front of the council my entire eight years on the council, so I'm very glad that we are where we're at. And I do want to say this is what I said earlier, the celebration of kokua, everybody working together to make this happen. I will, on that note then, ask for a roll call vote, if I may, Mr. Clerk? The motion to approve the legal document attached to communication C 2011-02 was then put, and carried by the following vote: FOR APPROVAL: Bynum, Chang, Kawakami, Nakamura, Rapozo Yukimura, Furfaro TOTAL - 7, AGAINST APPROVAL: None TOTAL - 0, EXCUSED & NOT VOTING: None TOTAL - 0. Mr. Nakamura: Seven ayes, Mr. Chair. Chair Furfaro: Seven ayes, congratulations. (applause) Chair Furfaro: Thank you to everyone that is here today to give testimony on this item and I can't say again just how...how much there is to celebrate about kokua, so thank you. I think we need to move on to the next item. COMMUNICATION: Mr. Nakamura: We're back on page one of the council's amended agenda, Mr. Chair: We're on Communication C 2011-03. C 2011-03 Communication (12/02/2010) from Council Chair Furfaro, requesting Council reconsideration of Resolution No. 2011-02, relating to the Council Rules for the Transaction of Business, and Resolution No. 2011-03, relating to the Appointment of the Chairpersons, Vice Chairpersons, and Members of the Several Standing Committees, by including provisions relating to ex-officio members of the several standing committees and naming the "ex-officio" members on the appropriate committees. SPECIAL COUNCIL ~TING - 6 - ~ecember 8, 2010: Chair Furfaro: Thank you. I want to make a note to the audience, I had put this item back on the agenda. As we had our open organizational meeting, there was some discussion at that time that all members would in fact be on each committee. Subsequently we ended up with our previous five-member board for each committee, I'm sorry, with the exception of the Committee of the Whole. We did have an opinion from OIP, which I'm going to ask the clerk to reference before we take any testimony so that we all understand what OIP is suggesting to us if we went to afive-member committee. Mr. Clerk, would you mind if I make reference to you and their opinion. Mr. Nakamura: We're circulating copies to the coun... Chair Furfaro: Oh, excuse me, could you wait a moment so all the members have the OIP opinion as well. You want a copy? I'll give you mine for now. Mr. Nakamura: No, no, we have extra. Chair Furfaro: You have extra for the audience? Mr. Clerk, if you don't mind, we're back to you. The clerk is going to give you a summary of the memorandum that was just handed out rather than reading all four pages. Mr. Nakamura: Council Chair, just in reference to communication C 2011-03 from yourself, the purpose of this request is for the council to reconsider resolutions that were passed at the inaugural meeting of the council on December 1St relating to the rules of the council and the makeup of the standing committees. This involves amending council rule 4 and would be, in essence, housekeeping changes regarding the participation of ex-officio committee members defined as committee members who have a voice, but no vote and will not be counted towards quorum and are not allowed to make motions in the committee, but are allowed voice. It would also involve amending Resolution No. 2011-M of the council that was also passed at the December lst inaugural meeting to include, as part of the makeup of committees, ex-officio councilmembers to have voice in that committee. This stems from a 2008 Office of Information Practices opinion that actually originated from a situation that happened on Maui County. And so what we have is OIP basically saying that unless the committee members are named on the council's resolutions of committee makeups, they would not be allowed to attend the committee meetings. But in a footnote to the opinion, they also said that the option or the alternative is to have your council rules amended to define what they called ad hoc committee members and we're. defining as ex-officio committee members in the floor amendment. So that'll be coming up as soon as we hit the resolutions on page two of the council's agenda for reconsideration, Mr. Chair. Chair Furfaro: Thank you very much. On that note, I'm going to suspend the rules in case there are any questions from the audience on what the clerk just reviewed. There being no objection, the rules were suspended. Chair Furfaro: Again, the purpose is to make nonmembers of the committees ad hoc members as ex-officios. Thank you. Since there are no questions from the audience, I'll call the meeting back to order. There being no questions from the audience on this matter, the meeting was called back to order, and proceeded as follows: • SPECIAL COUNCIL MEETING - 7 - December 8, 2010 Chair Furfaro: Mr. Rapozo: the communication. Chair Furfaro: receive.. . Mr. Chang: Chair Furfaro: Mr. Rapozo. No, I was just going to make the motion to receive Thank . you very much There's a motion to Second. Thank you. Any further discussion? Mr. Bynum. Mr: Rapozo moved to receive communication C 2011-03 for the record, seconded by Mr. Chang. Mr. Bynum: Mr. Chair, thanks for that summary. When this OIP opinion came out in 2008, Maui County addressed it by making every member of their council voting members on each committee. That was one way to address it. The Chair suggested that during the organization meeting, but the majority of the council chose to keep the five members and so this is another way to do it and is something that we have to do so we can all be present at the meetings and have a voice, so thank you for that explanation. Chair Furfaro: Okay. If there's no further discussion, we have a motion by Mr. Rapozo to receive. We had a second as well, did we not? By Mr. Bynum? 1VIr. Chang. Okay, all those in favor, please signify by saying aye. Councilmembers: ' Aye. The motion to receive communication C 2011-03 for the record was then put, and unanimously carried. Chair Furfaro: Thank you very much and I believe now we will go to resolutions. FOR RECONSIDERATION: Mr. Nakamura: Council Chair, we're on page two of the council's agenda on Resolutions for Reconsideration. First resolution for reconsideration is Resolution No. 2011-02. Resolution No. 2011-02, RESOLUTION ADOPTING RULES OF THE COUNCIL OF THE COUNTY OF KAUAI FOR THE ORGANIZATION OF COMMITTEES AND THE TRANSACTION OF BUSINESS Chair Furfaro: Thank you. I am looking for a motion to... Mr. Rapozo: Move to approve. -:d _~ Ms. Yukimura: Second. Chair Furfaro: ...reconsider? Mr. Rapozo: Oh, I cannot make that motion because I wasn't (inaudible). Oh yeah... no, I can. I make a motion. Motion to reconsider. Ms. Yukimura: Second. SPECIAL COUNCIL ~ETING - 8 - ~ecember 8, 2010 Mr. Rapozo moved to reconsider Resolution No. 2011-02, seconded by Ms. Yukimura. Chair Furfaro: And I had a second from Councilwoman Yukimura? Is that correct? Is there any testimony from the public? Mr. Mickens, please come up. There being no objection, the rules were suspended. GLENN MICKENS: Thank you again, Jay, for the record Glenn Mickens. I have a just relatively short testimony here. I'd like to read it for the record. You have a copy, you can follow it. I will basically repeat the testimony I gave before the council at the War Memorial Convention Hall last Wednesday. I firmly believe (this is regarding the rules) any councilmember should have the right acting alone and without joinder by any other member to put what they want on the agenda. Currently rule 10(a) gives any member the right to put whatever bill or resolution they want on the agenda, but rule 10(c) says that the chair must initial these agenda items which actually gives him veto power to have what he wants or doesn't want on the agenda. The chair also has the same veto power over all communications, which could have the same negative results. That's rule 15(b). I would suggest that both of these rules get amended so that nothing will ever stop a member from putting any issue on the agenda that they wish to have on it. Also, another matter, I would strongly suggest that citizens in attendance be given the right, as is done by many other municipalities, to 15 minutes total time on any matter relating to the governance of the county. Members of this council continually talk about needing public participation and input, so why not give them this chance? I also suggest setting a specific time for all ceremonial presentations as is done with public hearings in making sure they are posted on the agenda. This will give those in attendance a much needed way to organize their schedule. And lastly, the rules should state that if a councilmember has a statement or question to make to a citizen who has testified, they must address it to the person before the meeting is called back to order so the person has a chance to reply if necessary. For me, it is completely wrong for the meeting to be called back to order and then let the council person comment on the testimony without the citizen being able to respond. Any comments on these proposals from the chair or the members would be appreciated. In other words, if any of the things I have said sound wrong to this council, I'd appreciate any comments. If not, why...I'll take them into consideration. Chair Furfaro: Mr. Mickens, I'm going to go ahead and revisit what I said at the inaugural. Both the HR portion as well as the rules portion come under review in the committee of the whole, of which its chairman I am chair. I plan to, on the 15th, to establish two sub-committees that report back to the committee of the whole. Those committees will be chaired by either Vice Chair Yukimura or Finance Chair Mr. Bynum. Each of them will be on one of those committees because that is the order of authority on the council. I will not participate on either one of those committees, those sub-committees. Their meetings on rules will be organized and I believe will probably be led by Councilwoman Yukimura with two other members and then the human resource committee will be led by Mr. Bynum plus two other members. They will report back I • 1 SPECIAL COUNCIL MEETING - 9 - December 8, 2010 to the committee on the whole on their recommendations. So, we'll certainly take your testimony on rule 10(a) and 10(c) that you just read to us and after the 15th, move it over to those two sub-committees. Those are sub-committees. Those are not the whole committees. Mr. Mickens: Sure. Well, yeah, you know, I think everyone of you members are all equal. There's nobody...I mean you have a little more power, Jay, as chair obviously, but any of these members are...to me are all equal and there should be...in my estimation, there should be no reason for anything that they want to put on the agenda not being put on the agenda. So that's my... Chair Furfaro: Okay and I'll repeat myself (inaudible), until such time that we review the rules... Mr. Mickens: Yes. Chair Furfaro: ... it is my intent to look towards the committee members. If Nadine is the chair of planning and there is another member that wants to put something on her committee to be put on the agenda... Mr. Mickens: Right. Chair Furfaro: As long as there is the chairman and one person that want to put it on the agenda, we will do so until the rules are modified. Mr. Mickens: The only other thing, you reference the OIP here. I, you know, have great respect for the OIP. I know they don't have any teeth, but any time I hear you reference the OIP and you have to stand by it, but I've heard other times when the public has referenced OIP that it has been ignored. I hope this- referencing OIP can be one set of rules that hey, whatever they say you're going to abide by. Anyway, it's just my comment (inaudible). Chair Furfaro: Well, you know I know there's been commentary on the blogs and so forth... Mr. Mickens: Yeah. Chair Furfaro: ...that imply that I don't necessarily understand this structure? But you know what? I have to say we're going to make an attempt and if someone doesn't feel that I understand the structure, I'll be glad to .take their testimony. And so what I'm sharing with you right now is my willingness to set up two sub-committees, HR as well as rules, so that the public can give testimony. Now I don't think I've ever said that everything OIP tells us we need to follow. But I think say everything that OIP gives us will be under consideration. Mr. Mickens: Yes. Chair Furfaro: That I can say. Mr. Mickens: Right. That I appreciate. Chair Furfaro: Okay. Mr. Mickens: Thank you, Jay. . Chair Furfaro: Thank you. You have a question, Mr. Rapozo? SPECIAL COUNCIL ~ETING - 10 - ~ecember 8, 2010 Mr. Rapozo: Just one, one question. Glenn based on your testimony I guess I have one question and what is...what do you see your role as the chair being if not to control the agenda? What really is his role? Is it just to run the meeting? Is that what you're... Mr. Mickens: Yeah, yeah, basically... Mr. Rapozo: Just to run the meeting and have no discretion whatsoever on the agenda? Mr. Mickens: Yes, Mel. I, you know... what... and... in reference to Jay in particular, not my friend Kaipo, but in reference to Jay and particularly he's always been kind enough to the public, to me in particular, to respond to what I have to say, whether he agrees or disagrees or I disagree or not. He does respond to the public and you know, I really appreciate that. Rather than, you know, say thank you, Mr. Mickens, anybody else? But you're giving input and from the public standpoint you'd like to have that. But in what...reference to what you say, yeah, I think the chair is dynamic in running the committees, running the council, but Jay (inaudible)... Mr. Rapozo: The committee chairs runs the committees, but as far as the council chair, in your opinion, his role is just really to call it to order and run the meeting and have no discretion whatsoever on what goes on the agenda. Mr. Mickens: Well, yeah. Mr. Rapozo: That's what you're saying. Mr. Mickens: Yes. Mr. Rapozo: I just want to make sure that that's what you're saying because...that's what you're saying that basically... Mr. Mickens: True. Mr. Rapozo: ...if seven of us or six of us decided to each put on five items on the agenda... Mr. Mickens: Right. Mr. Rapozo: He would have no discretion to saying hey, you know, and then we'd have 30 or 40 items on the agenda and I know in your testimony you also talked about the certificates and I would agree that we need to have some kind of... Mr. Mickens: Order. Mr. Rapozo: Yeah, so that the public can kind of gauge when they should come. But with having no discretion for the agenda... Mr. Mickens: Right. Mr. Rapozo: Can you imagine what would happen if just three of us put on five items each, just say Jay, Mr. Chair, I want this on next week because I got some special people on island and we need to have it next week, and that happens with three other council members. SPECIAL COUNCIL METING - 11 - December 8, 2010 Mr. Mickens: Yes. Mr. Rapozo: Can you imagine what would happen to the person that's here to discuss an item that's on the end of the agenda? So, I think, you know, when you look at the rules and I just don't know of any other jurisdiction that does it that way, whether it's at the state or congress, or whether the chair just runs the meeting. I think the chair does have a responsibility and an obligation to control the direction. Mr. Furfaro had a wonderful inaugural speech with his plans. He was voted unanimously by this body because we trust in his leadership. And I think that that discretion belongs with him and I'm...I mean I just wanted to make sure I understood what you were trying to say... Mr. Mickens: Yeah. Mr. Rapozo: ...and that you understood what could possibly... Mr. Mickens: Well, I take your point well. I think it's very well taken that, you know, if there is confusion in the council, like you say, with five members putting different things on or maybe there's some confusion, I think there has to be some authority that... and the chair... Mr. Rapozo: But...but your testimony takes that away and it says everything goes. And I think that's what I'm concerned about. Mr. Mickens: Well, I guess maybe then in respect to...Tim and Lani brought it up before. Something was...wanted to be put on there, but as long as he had veto power, one person, not all the members having different things as you're pointing out, but if one member or two members say they want something put on the agenda and for some reason Jay doesn't want to initial it, it's done. Chair Furfaro: Let me clarify my statement again because I think Mr. Rapozo brings up a very good point. First of all, some of the additional testimony you gave should be directed at that sub-committee, okay? What I've said is until such time that we have a new set of rules being reviewed by the committee of the whole, there will be an open meeting, I hope, of those three sub-committee members to take public testimony. If there's more than two people in a committee that sign off on an item that they want to see on the agenda, it will get on the agenda. I didn't say it will get on the agenda immediately. There has to be some discretion of when I...I look at how balanced the committee meetings are... Mr. Mickens: Yes. Chair Furfaro: ...and that we're here in a reasonable amount of time, not only for ourselves but also for the staff. So, you know, don't confuse the two. I'm saying if we have two people that want to get it on the agenda, it'll get on the agenda. I will still initial, which is in the current rules, on when it gets and in what...what committee it goes to if that happens. Mr. Mickens: But does that initial mean that you do have the right to just say it can't be on the agenda? Chair Furfaro: I think I've explained that by saying if there's two councilmembers... Mr. Mickens: Yeah. Chair Furfaro: ...it will get on the agenda. SPECIAL COUNCIL ~TING - 12 - Mr. Mickens: Oh, okay. Chair Furfaro: week... Mr. Mickens: Chair Furfaro: look at a balanced agenda. ~ecember 8, 2010 It might get on the agenda in the immediate Right. ... or in two weeks, I can't answer that. I have to Mr. Mickens: Then the caveat is having two members being able to say it has to be on the agenda. Chair Furfaro: Two members of that committee that wants to see... Mr. Mickens: Right. Chair Furfaro: ...something get on the agenda. That's what I'm going to live by and I hope that's what I can be trusted for only during the time until we have new rules to present. Mr. Mickens: Okay. Thank you, Jay. Chair Furfaro: Oh you're...wait, you have a question? You have a question, Mr. Bynum? Mr. Bynum: I look forward to having this discussion in a rules committee and I appreciate the chair announcing that to the community right from the get-go that ,we're going to address these issues. You know, I didn't know that we'd get into it today, but just to clarify, I...the chair needs to manage the agenda. He's the coordinator of our body and as Mr. Rapozo says, he needs to see that we have an appr... so the timing of the placement on the agenda should be at the discretion of the chair. I've said in the past that as an elected person, I should be able to put my proposal before the body for discussion. Any member, as it says, that's my position. But that doesn't mean that the chair might say, hey, you know, it can't be this week, look at what we have, look at our priorities, you know, it can't be next week, it can't, you know, I don't believe the chair, any chair, should have the discretion to indefinitely keep any member's proposal before the public and I accept what Mr. Furfaro said, that he's going to manage it this way until such time we have a time to discuss that... discuss this. You know, the OIP opinion says the council may also create any special committee as deemed appropriate. That's in the footnote here. And then their rules will apply. So my assumption is when we create a rules sub-committee of three members or an HR sub-committee of three members, the other members will be ex-officio members as the standard we're setting today so they can ~ attend the meeting and they can participate, but the voting recommendation will come from the three designated. That's an assumption I'm making at this point based on this OIP opinion. And so, you know, I look forward to the discussion in the future, and you know, it's very appropriate that we're going to have it. Mr. Mickens: I look forward to that discussion also. Thank_ you very much. 1 • SPECIAL COUNCIL MEETING - 13 - December 8, 2010 Chair Furfaro: Thank you, Glenn. Is there any more testimony? Oh, Mr. Taylor, please come right up. KEN TAYLOR: Chair and Members of the Council, my name is Ken Taylor. As I said last Wednesday; I really appreciate that we're moving forward with committees to look at this and I think it's important, but I'd like, I guess, a couple clarifications. One, the committee meetings to look at the rules and regulations is going to be open to the public? Chair Furfaro: Yes and posted...posted and open to the public. Mr. Taylor: All right. And will they... the county maintains a list o£..that whenever an agenda is put together it's sent out to everybody that signs up for the list. Will these be distributed in that fashion so that we don't have to run down here and look at the board every day to see what's coming forth? I think that's an important situation. I raise that issue because on occasion, two weeks ago this last Monday, you had a posted meeting, but it wasn't distributed to the mail list and so it was by accident that people found out that it was even taking place. This also happens during budget hearings when the budget hearings are posted but not distributed out to that mail list. And so I'd hope in the future that those kinds of things...whenever there's a meeting, I mean the list is already there; it only takes a push of the button. So I would hope that as things go along and as I say, I'm really excited about what's already starting to take place and I'd like to just comment on... Oh, the other issue was you said for the time being any person with a second from their committee could submit something for the agenda. Does that...what comes across to me is that that only allows them to talk about what their committee deals with or can they raise concerns... say somebody is on public works, but they have a real concern and desire to have a discussion about some other aspect other than public works. Can they...this is confusing to me as...thinking about what is their ability there? Chair Furfaro: Let me answer that question, Ken. I want to give the chairmen of the committees, the chairs of each of these committees, I want to give them the autonomy to manage their committee by having a second person or two members of their committee request of them to put something on. I think... as it is an interim measure, I wouldn't want to find people who did not get identified on a committee to be able to influence the outcome of that committee. So for this discussion, and I will probably put this in writing very soon in preparation of the meeting on the 15th, that I would prefer that the committee members look towards members of their committee to put agenda items. I hope that gives some clarity to that, but also remember, this is only an interim measure. Mr. Taylor: Right. Chair Furfaro: Let him finish. his testimony, Mr. Bynum. " Mr. Taylor: A couple other things: Glenn raised the issue about having public comment on the agenda and I totally agree with that. For 25 years where I came from, this was always an agenda...on the agenda at the beginning of the agenda where a person from the public could raise an issue that was not on the agenda, not on the agenda. You were able... as Glenn suggested total time for this activity of 15 minutes, that if there was 20 or 30 people wanting to speak in the public comment period, then they got very little time each person. If there was only one or two people, you... discretion, but three minutes was normal. And I think it's really important because it gives the public an opportunity to raise an issue to the SPECIAL COUNCIL ~ETING - 14 - ~ecember 8, 2010 council for consideration. You are not required to respond unless you want to, but it's just an opportunity for the public to say hey, I've got this concern about such and such, would you please consider putting it on the agenda.; And it's just a nice way to be able to bring issues from the community to the council. So hopefully that would be considered. The other... and I don't know if that's an issue that's actually covered in the rules and regulations or if that's a decision that the chair can make as to how... the format of the agenda. The other... Chair Furfaro: I think those are all good points, but the reality, I'm hoping you're bringing that to the rules committee to discuss. Mr. Taylor: Okay. Chair Furfaro: We're not doing that today here and now. Mr. Taylor: I understand. Chair Furfaro: I'm just trying to set up the mechanism. Mr. Taylor: Right. The other issue then that I would like to see covered is in reference to issues on the agenda that are communications. Again, we've had meetings where there's been three and four pages of communications and the council has sat here for several hours reading each one individually and accepting them or not. If they were put in a consent agenda, where they're all bundled in the consent agenda, any one of you or anyone in the public could pull an item from the consent agenda for discussion. But otherwise, if you have five pages of communications, when you call for the adopting or accepting the communications on the consent agenda, it's done with one sweep of the hand unless there's somebody that wants to talk about one particular item or something on the agenda. (second 3-minute timer ringing) It would expedite the process. It would give more time. I think next week we're going to be talking more about disseminating information and everything and I think that following through with a consent agenda would free up some time that would allow other things to take place and I think that efficiency is important and I'm looking forward to your leadership and the council to do these kind of things so that other things can get done. Thank you. Chair Furfaro: And I think your idea was an excellent one and I certainly encourage you to bring it to the rules committee. How you know about what next week's agenda is I don't know because I haven't finalized it. I usually do that on Thursdays, so I'm not sure what you were referring to there, if there's going to be communications that deal with that, but... Mr. Taylor: Chair Furfaro: minutes are gone, I'd directing it at the rule agenda. Mr. Taylor: Chair Furfaro: testimony on this item? meeting back to order. Well, on the... ...I would again like you to, because your six like you to consider everything you shared with us and s committee, which I hope to set up next week as a posted Looking forward to participating. Thank you. Thank you, Ken. Thank you. Is there any more No? And I want to remind the group...I'm going to call the There being no one else wishing to speak on this item, the meeting was called back to order, and proceeded as follows: SPECIAL COUNCIL MEETING - 15 - ~ecember 8, 2010 Chair Furfaro: We have to go through on these communications. First we have to take a vote on the reconsideration. That passes, we go to a motion for approving the resolutions with a motion and a second. Then we ask for a motion to amend that resolution as circulated, motion and a second, and then we ask for a motion to approve the resolution as it was amended. So, we've got several procedural pieces to do here. Before I do, Mr. Bynum wanted to speak and then Councilwoman Yukimura. Mr. Bynum: As you pointed out, we're going to come to a final vote. I'll save my comments until then. Chair Furfaro: Okay. Ms. Yukimura: Just a query. We need a separate motion for consideration on each resolution or are we considering... Chair Furfaro: On each resolution, yes.. Ms. Yukimura: Okay, so the motion pending right now is for the reconsideration of the vote on resolution...or maybe it's not the vote, it's just reconsideration of Resolution No. 2011-02. Chair Furfaro: Right. Ms. Yukimura: Thank you. Chair Furfaro: Okay and so I don't have a motion and a second on that? I do? We do? Okay and that'll be just a general call of vote? Mr. Nakamura: That will be a voice vote, Mr. Chair. Chair Furfaro: Okay, voice vote. All those in favor, please say aye. Councilmembers: Aye. The motion to reconsider Resolution 2011-02 was then put, and unanimously carried. Chair Furfaro: Okay, then we are going to ask for a motion to approve the resolution? Mr. Nakamura: Yes. Mr. Rapozo: Move to approve Resolution No. 2011-02. Mr. Chang: Second. Mr. Rapozo moved to adopt Resolution No. 2011-02, seconded by Mr. Chang. Chair Furfaro: Thank you Mr. Rapozo and Mr. Chang. Any discussion? All those in favor. Ms. Yukimura: Ah yeah, Mr. Chair... Mr. Rapozo: We gotta...we gotta amend that. SPECIAL COUNCIL ~TING - 16 - ~ecember 8, 2010 Chair Furfaro: Amend it. Mr. Rapozo: Yeah and I'll make a motion to amend... Chair Furfaro: Thank you (inaudible). Mr. Rapozo: ...Resolution No. 2011-02 as circulated. Mr. Bynum: Second. Mr. Rapozo moved to amend Resolution No. 2011-02, as shown in the Floor Amendment attached hereto (see Attachment No. 1), seconded by Mr. Bynum. Chair Furfaro: Thank you, Mr. Bynum. Okay and now we go to a vote. Ms. Yukimura: Discussion. Chair Furfaro: Discussion...vote...oh, Councilwoman Yukimura. Ms. Yukimura: Yes, I'm just wanting to understand fully how this would work with ex-officio members, how we understand it. Is it that they are expected to be present at the meeting? Chair Furfaro: Let's say the other way in the interpretation, they were expected not to be present at the meeting. Ms. Yukimura: Okay, the reason I'm asking is...I mean I think one way to... on all... option to handle this and... is that a councilmember who's not part of the committee who wants to say something would be able to say something like any other member of the public, would be a guest of the committee to speak, but would of course not be able to vote... Chair Furfaro: That's correct. Ms. Yukimura: ...or to participate in a discussion as a councilmember. It would be just to give input. Chair Furfaro: He would be able to give input, but it would certainly be after the committee members have priority on discussion. Ms. Yukimura: And in fact wouldn't be treated as input from a committee member, would be treated as input from an out... Chair Furfaro: An ex-officio, outside. . Ms..Yukimura: ...someone outside of the committee. Okay. So... I mean my concern for not being a committee member would be if I did have a deep concern about a particular issue before the council...I mean the committee, excuse me, that I would want to give that input so that they could consider it in the process of deliberating as a committee. And I believe in letting the committee do its work, so I wouldn't want to have to be present if I wasn't a member of the committee. And so I'm just asking for clarification about how we understand the role of an ex-officio councilmember. It may work either way with ex-officio members or without • • SPECIAL COUNCIL MEETING - 17 - December 8, 2010 ex-officio members, treating a councilmember as a member of the public or an outside, non-committee member. Thank you for the...and I...yeah, so I just lay that question out on the table. Chair Furfaro: If we did not have these members as ex-off"icios, the OIP opinion is you couldn't be present at the table. Ms. Yukimura: I underst... Chair Furfaro: You couldn't speak at all. Ms. Yukimura: Well, you could speak from there (testifier's seat), I would imagine. Chair Furfaro: I would have to say we go back for some more clarification. So let me ask the clerk to quickly review what I just summarized. Mr. Clerk? Mr. Nakamura Chair Furfaro Council Chair... The OIP opinion. Mr. Nakamura: Council Chair, I think the way the floor amendment to the rules are structured is that ex-officio members are not counted towards either quorum or not counted towards any kind of vote and cannot make a motion. So I think as far as councilmembers being present... Chair Furfaro: That's their option. Mr. Nakamura: That would be their option because they are not being counted towards the committee's quorum or any vote count of a majority. I think the second thing is that the OIP opinion addressed two particular items in terms of the Maui Council situation. They addressed attendance and participation, which...as two separate things and what they did say is that if it's not addressed in the council's rules or within the council's resolutions, (1) attendance is not allowed because councilmembers...if every councilmember sat in every one, it would be similar to what councilmember Bynum was referring to, in essence the council was sitting as a body. So...and they also drew an interesting arti...what they called an artificial line is that although councilmembers could...I think in Maui County they had a closed circuit system within the councilmembers' offices that allowed them to watch meetings on the closed circuit system, OIP said basically it's not a problem if they leave the table, go to their offices and watch it on closed circuit television, but they cannot be in the room and they called it, interestingly, an artificial line, so. But that was their opinion, Mr. Chair. Chair Furfaro: Okay, so that answers Councilwoman Yukimura's question about being in '.the audience and coming up and giving testimonyt , .They are basically saying you're absent. Mr. Bynum. ' ` Mr. Bynum: Yeah, I...you know, I think it's safe to say that all of the county councils, when this opinion came out, thought there were... they... it was silly. I mean that oh, you can watch the meeting in your office, but you can't be in the audience, and so counties needed to address it. Maui County said hey, let's just make everybody voting members of every committee because they're present anyway, they're going to vote on the final outcome anyway, and why don't we just, you know, do that. That would be my preference. But we...the other way to do it is SPECIAL COUNCIL ~TING - 18 - ~ecember 8, 2010 the way we're doing it, ex-officio, because we're present. And so, you know, our...I think the way this has been...our practice has been, we all participate in the discussion, whether we're an ex-officio or not, and it comes down to the voting, then that's when that comes in play. I think it's awkward, but I certainly don't... on a committee I'm involved in, you know, that I'm chairing, if there's an ex-officio member, I want them to participate in the discussion as an equal member. That's why I supported the idea of seven, but... so I would hate for us to get so rigid. On the other hand, if I'm not a member and not counted as quorum and I choose to not be present during a meeting, I could exit myself because it's not my responsibility to be there. So, I would hope... and then in practice the other thing is this council, since I've been on it, has been very generous where members of committees will introduce a resolution by request for ex-officio members or for people that weren't there, so they're...participants. So if I'm chairing a committee and somebody who's an ex- officio says I feel strongly about his amendment, I will certainly introduce that by request and that's been our practice, so. I think it works with five the way it is. I think it makes it a little more awkward, but hopefully we don't get into saying oh, you're... and then... some of you have seen that, oh well as anon-committee member can I speak now? It gets a little awkward, but I would hope we would foster that councilmembers who are present in the room can engage in the dialogue as equal participants and even introduce amendments by request. That's all allowed under these rules. That's been our practice and I think it's worked out okay. So I would hate the idea that I'd have to go up there and...if I wanted to participate in a discussion I have to, you know, leave this seat and go over there and be limited. 50, hopefully we'll keep it loose, but have this that we need to be in compliance with the OIP opinion. Chair Furfaro: Thank you for summarizing that. As you note, earlier I wanted to have all members on a committee. Subsequently we're at five members. We have five members. We need to adopt what we used and practiced the last two years where non-members would raise issues towards the end of the committee and they were respected for being able to offer testimony. So, on that note, I believe... Mr. Nakamura: We have a motion... Chair Furfaro: ...I asked for a motion to approve.. Mr. Nakamura: We have a motion and a second to approve...I'm sorry to amend the... Chair Furfaro: Amend. Mr. Nakamura: ... as circulated. Chair Furfaro: Okay and that. was made by Mr. Rapozo? Mr. Nakamura: Yes. Chair Furfaro: And seconded by mister... Mr. Nakamura: By Mr. Bynum. Chair Furfaro: Bynum? Okay. So let's vote. ,. ~ ~ ~ • SPECIAL COUNCIL MEETING - 19 - December 8, 2010 Mr. Nakamura: On the amendment as circulated. Chair Furfaro Councilmembers All those in favor? Aye. The motion to amend Resolution No. 2011-02, as shown in the Floor Amendment attached hereto (see Attachment No. 1), was then put, and unanimously carried. Chair Furfaro: Thank you. So now we'll ask for a motion to... Mr. Rapozo: No, we're at the main motion. Chair Furfaro: Yeah, I would ask for a motion to approve the amended. resolution by roll call. Mr. Rapozo: Yeah. Chair Furfaro: Excuse me, by roll call. So we are back to the main motion for approval as amended, and this is a roll call vote, Mr. Clerk. Mr. Nakamura: If there's no further discussion, Mr. Chair. The motion to adopt Resolution No. 2011-02, as amended to Resolution No. 2011-02, Draft 1, was then put, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Kawakami, Nakamura, Rapozo, Yukimura, Furfaro TOTAL - 7, AGAINST ADOPTION: None TOTAL - 0, EXCUSED & NOT VOTING: None TOTAL - 0. Chair Furfaro: Okay, next item. Mr. Nakamura: Next motion... next item for reconsideration is Resolution No. 2011-03. Resolution No. 2011-03, RESOLUTION RELATING TO THE APPOINTMENT OF THE CHAIRPERSONS, VICE-CHAIRPERSONS, AND MEMBERS OF THE SEVERAL STANDING COMMITTEES OF THE COUNCIL OF THE COUNTY OF KAUAI Ms. Yukimura: Move to reconsider. Mr. Rapozo: Second. Chair Furfaro: Any discussion? (Silence) Okay, all those in favor? Councilmembers: Aye. Ms. Yukimura moved to reconsider Resolution No. 2011-03, seconded by Mr. Rapozo, and unanimously carried. Chair Furfaro: Then we're going to ask for a motion to approve the resolution. Ms. Yukimura: Move to approve. SPECIAL COUNCIL ~ETING - 20 - ~ecember 8, 2010 Chair Furfaro: Thank you. Is there a second? Mr. Rapozo: Second. Ms. Yukimura moved to adopt Resolution No. 2011-03, seconded by Mr. Rapozo. Chair Furfaro: Thank you. Any discussion? Mr. Nakamura: I believe we-have the... Council Chair, I believe we circulated that floor amendment. Mr. Rapozo: I'll move...I'll move to amend as circulated. Ms. Yukimura: Second. Mr. Rapozo moved to amend Resolution No. 2011-03, as shown in the Floor Amendment attached hereto (see Attachment No. 2), seconded by Ms. Yukimura. Chair Furfaro: Okay, thank you. We have an amended piece. We have a motion to approve and a second. We'll go to a vote now, voice vote on this. All members in favor, please say... signify by saying aye. Councilmembers: Aye. Ms. Yukimura: Do we need to open it up for discuss... Chair Furfaro: Okay, well, is there anyone in the audience that would like to speak again on this process? No? Are there members that would like to speak? Mr. Bynum: Before the main vote? Chair Furfaro: Yes. Mr. Bynum: Yeah, this works to get us where we've been in the past and we've all worked well together on these rules, and just on some of the earlier comments, I appreciate the comments about a consent agenda. That's a very common practice. You don't lose anything. You know, you just...instead of doing 10 different votes you say here's a consent agenda. Any member of the public can still comment. Any member can ask for a separate vote if they ask and it would make...take a routine portion that sometimes takes 10 or 15 minutes or more and make it routine. So hopefully when we look at the rules, we'll look at that. In just general comments, I've spent a lot of time over the last year and a half looking at how other counties evolved as the Sunshine Law came into play, as public expectations about their elected officials changed, as technology came to be part of the routine business of county government, and what I discovered was that the other counties have had considerable evolution in their rules, in their staffing, in their structure, in the way they function as a council body to be the legislative body for the county of Kauai. And in many ways Kauai has the same structure, staffing and resources that it had 25 years ago and didn't do that evolution. I very much appreciate the commitment of the chair and I believe all the members to look at all of those issues through rules committees, HR committees and to do the evolution we need to meet our responsibilities as the legislative body. SPECIAL COUNCIL M~TING - 21 - ~ecember 8, 2010 I realize that I was relying on the administration to put forward legislative initiatives because they had the resources and...but our charter is very clear that we are the legislative body. It's our responsibility to put forward the legislative initiatives that the county requires to run appropriately in the 21St century and our charter allows the mayor to put forward his proposals, but it doesn't set that as his expectation. And I believe this mayor has made it clear that he's very focused on running the county efficiently. He's made a lot of appropriate and strong moves during this reorganization and so I look forward to this council looking at evolving our rules, our staffing, our structure in a way that we can fulfill that responsibility more efficiently on behalf of the people of Kauai. So thank you for letting me make those comments. Chair Furfaro: And I want to apologize to you, I indicated that you were going to make the statement on the approved resolution as amended, but when you started to speak, we still have to vote on the floor amendment. Mr. Bynum: Oh, I thought we were at the final, sorry. Chair Furfaro: I'm going to give you credit for the final version here. Mr. Bynum: .Yes. Chair Furfaro: But we need to vote on the amended resolution as circulated. Mr. Nakamura: Floor amendment, yeah. We just need to go to a voice vote on the floor amendment. Chair Furfaro:. So this is just a voice vote and we have a motion and a second. Mr. Nakamura: Yes. Chair Furfaro: Okay. May I ask all those in favor as circulated on this motion. Councilmembers: Aye. The motion to amend Resolution No. 2011-03, as shown in the Floor Amendment attached hereto (see Attachment No. 2) was then put, and unanimously carried. Chair Furfaro: Okay, we're now asking for a motion to approve the resolution as amended, and this will be a roll call vote. And that was Mr. Bynum's... Mr: Bynum: Final statement:. Chair Furfaro: ...final statement. Is there any other statements here? Anyone in the public wants to speak? If not, I need a motion to approve the resolution as amended? We have that? Ms. Yukimura: This is a motion as amended. Mr. Nakamura: We're back to the roll call, Mr. Chair. SPECIAL COUNCIL ~TING - 22 - ~ecember 8, 2010 Chair Furfaro: Boy, I might as well let you guys run the meeting. I mean, you know, I'm listening to him and you (inaudible) over there, and you're telling me that, then okay, clarify. We're asking for a motion to approve the resolution as amended and this is a roll call vote. The motion to adopt Resolution No. 2011-03, as amended to Resolution No. 2011-03, Draft 1 was then put, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Kawakami, Nakamura, Rapozo, Yukimura, Furfaro TOTAL - 7, AGAINST ADOPTION: None TOTAL - 0, EXCUSED & NOT VOTING: None TOTAL - 0. Chair Furfaro: Thank you very much and this will end what is our special meeting. ADJOURNMENT. There being no further business, the meeting was adjourned at 11:20 a.m. Respectfully submitted, \~ PETER A. NAKAMURA County Clerk /wa ~. ,... ATTACHMENT NO. 1 (December 8, 2010) FLOOR AMENDMENT Resolution No. 2011-02, Relating to the Rules of the Council Introduced by: Jay Furfaro, Council Chair Amend Rule No. 4 of Resolution No. 2011-02, as follows: "RULE NO. 4 COMMITTEES There shall be four kinds of committees; namely, (a) Standing Committees; (b) Joint Committees; (c) Sub-Committees; (d) Special Advisory Committees. (a) Standing Committees. There shall be seven Standing Committees consisting of both voting members and ex-officio members, except for the Committee of the Whole which shall consist of seven (7) voting members. Ex-officio members of a committee shall have a voice but no vote in all committee proceedings, and are not counted in determining the number required for a physical quorum or whether a physical quorum is present. Ex-officio members shall also not have a right to make motions. (1) A Committee on Planning consisting of five (5) voting members and two (2) ex-officio members. The Planning Committee shall consider all matters pertaining to land use, the General Plan, zoning, shoreline protection, subdivision controls, environmental concerns, historic preservation, appointments to boards and commissions relating to the Committee, and budget amendment requests and legislation relating to the Committee. (2) A Committee on Housing / Transportation / Energy, Conservation & Efficiency consisting of five (5) voting members and two (2) ex-officio members. The Housing /Transportation /Energy Conservation & Efficiency Committee shall consider all matters pertaining to housing, public transportation, energy conversation and efficiency, appointments to boards and commissions relating to the Committee, and budget amendment requests and legislation relating to the Committee. (3) A Committee on Economic Development & Renewable Energy Strategies consisting of five (5) voting members and two (2) ex-officio members. The Economic Development & Renewable Energy Strategies Committee shall consider all matters pertaining to agriculture, visitor industry, tourism, military, small business, employment, economic promotional efforts, renewable energy strategies, appointments to boards and commissions relating to the Committee, and budget amendment requests and legislation relating to the Committee. 1 ATTACHMENT NO. 1 (4) A Committee on Public Safety & Environmental Services consisting of five (5) voting members and two (2) ex-officio members. The Public Safety & Environmental Services Committee shall consider all matters pertaining to police, fire, prosecutor's office, civil defense, legal issues relating to public safety, liquor control, solid waste, wastewater, appointments to boards and commissions relating to the Committee, and budget amendment requests and legislation relating to the Committee. (5) A Committee on Intergovernmental Relations consisting of five (5) voting members and two (2) ex-officio members. The Intergovernmental Relations Committee shall consider all matters relating to Constitutional changes, Federal and State programs and legislation, the Hawaii State Association of Counties (HSAC), the National Association of Counties (NACo), and appointments to boards and commissions relating to the Committee, and budget amendment requests and legislation relating to the Committee. (6) A Committee on Finance /Parks & Recreation /Public Works Programs consisting of five (5) voting members and two (2) ex-officio members. The Finance /Parks & Recreation /Public Works Programs Committee shall consider all matters pertaining to finances, revenues, taxes, real property tax, parks, beaches, recreational and neighborhood centers, convention hall services and facilities, Wailua Golf Course, promotion and initiation of recreational programs and events, youth and elderly recreational programs, highways and roads, utilities, water development, county buildings, baseyards, and appointments to boards and commissions relating to the Committee, and budget amendment requests and legislation relating to the Committee. (7) Committee of the Whole consisting of all members of the Council. The Committee of the Whole shall consider all matters pertaining to establishment of new committees, policies of the Council, goals and objectives of the Council and its Committees, rules of the Council, screen questions of ethics, internal matters dealing with the Council and the Clerk's office, charter amendments, preparation of the annual County Operating and Capital Improvement Projects (CIP) budgets, all issues involving the Office of the County Auditor, the Department of Personnel Services, human resources, elderly affairs, appointments to boards and commissions relating to the Committee, and budget amendment requests and legislation relating to the Committee. (b) Joint Committees. The Council may, through motion duly adopted, refer items to Joint Committees. Such referral shall be sufficient to establish such Joint Committees. Such Joint Committees shall consist of any combination of Standing Committees and shall be presided over by the Chair of the first named Standing Committee. Such Joint Committees shall meet and report on all matters referred to them in the same manner as Standing Committees. 2 6 •+ • ATTACHMENT NO. 1 (c) Sub-Committees. Sub-Committees shall report to a Standing Committee from time to time as the occasion requires, serving until discharged after final reporting on the special matter referred to it. (d) Special Advisory Committees. Special Advisory Committees shall be appointed by the Council, and such committees shall perform studies as requested by the Council. (e) Formation by Resolution. Sub-Committees and Special Advisory Committees shall be established by resolution which shall state: (A) the purpose of the committee; (B) the members of the committee; (C) the committee's scope of work; and (D) the timetable under which the committee will complete its work. (f) Committee Reports. Committees shall report from time to time upon all matters referred to them. (1) Whenever any matter shall be referred to a Committee it shall be the duty of such Committee to make diligent inquiry into all of the facts and circumstances connected with such matter. If necessary, 'the County Attorney may be consulted, witnesses may be summoned and examined, documents and records searched and everything done to bring all facts pertaining to such matter before the Council. (2) The report of a Committee on a bill or resolution shall state clearly the amendments, if any, proposed. If a substitute bill or resolution shall be reported in place of the one referred to such Committee, the same must agree with the subject of the one submitted and returned to the Council. (3) Whenever a Committee fails to agree, the majority of voting members shall report and the same shall be the report of the Committee. The minority of voting members of the Committee may file a separate report or simply note on the report of the majority of voting members , of the Committee the words, "I (or we) do not concur." (Material to be added is underlined; bold emphasis added.) V:\CS OFFICE FILES\AMENDMENTS\2010-12 term\Rule 4 FA.doc/jft 3 c t "` J • • ATTACHMENT NO. 2 (December 8, 2010) FLOOR AMENDMENT Resolution No. 2011-03, Relating to Appointment of the Chairpersons, Vice Chairpersons, and Members of the Several Standing Committees of the Council of the County of Kauai Introduced by: Jay Furfaro, Council Chair Amend Resolution No. 2011-03 in its entirety as follows: "SECTION 1. The Chairpersons, Vice Chairpersons, and Members of the several standing Committees of the Kauai County Council for the term commencing December 1, 2010 are hereby appointed as follows: PLANNING COMMITTEE Nadine K. Nakamura, Committee Chair JoAnn A. Yukimura, Committee Vice-Chair Dickie Chang, Member Derek S. K. Kawakami, Member Mel Rapozo, Member Tim Bynum, Ex-Officio Member Jav Furfaro, Ex-Officio Member HOUSING /TRANSPORTATION / ENERGY CONSERVATION & EFFICIENCY COMMITTEE JoAnn A. Yukimura, Committee Chair Tim Bynum, Committee Vice-Chair Dickie Chang, Member Nadine K. Nakamura, Member Mel Rapozo, Member Derek S. K. Kawakami, Ex=Officio Member Jav Furfaro, Ex-Officio Member ECONOMIC DEVELOPMENT & RENEWABLE ENERGY STRATEGIES COMMITTEE Dickie Chang, Committee Chair Nadine K. Nakamura, Committee Vice-Chair Tim Bynum, Member Derek S. K. Kawakami, Member JoAnn A. Yukimura, Member Mel Rapozo, Ex-Officio Member Jay Furfaro, Ex-Officio Member {. ~ • ATTACHMENT NO. 2 PUBLIC SAFETY & ENVIRONMENTAL SERVICES COMMITTEE Mel Rapozo, Committee Chair Dickie Chang, Committee Vice-Chair Tim Bynum, Member Derek S. K. Kawakami, Member JoAnn A. Yukimura, Member Nadine K. Nakamura, Ex-Officio Member Jay Furfaro, Ex-Officio Member INTERGOVERNMENTAL RELATIONS COMMITTEE Derek S. K. Kawakami, Committee Chair Mel Rapozo, Committee Vice-Chair Tim Bynum, Member Dickie Chang, Member Nadine K. Nakamura, Member JoAnn A. Yukimura, Ex-Officio Member Jay Furfaro, Ex-Officio Member FINANCE /PARKS & RECREATION / PUBLIC WORKS PROGRAMS COMMITTEE Tim Bynum, Committee Chair Mel Rapozo, Committee Vice-Chair Derek S. K. Kawakami, Member Nadine K. Nakamura, Member JoAnn A. Yukimura, Member Dickie Chan, Ex-Officio Member Jay Furfaro, Ex-Officio Member COMMITTEE OF THE WHOLE Jay Furfaro, Committee Chair Derek S. K. Kawakami, Committee Vice-Chair Tim Bynum, Member Dickie Chang, Member Nadine K. Nakamura, Member Mel Rapozo, Member JoAnn A. Yukimura, Member SECTION 2. This resolution shall take effect upon its approval." (Material to be added is underscored.) V:\CS OFFICE FILES\AMENDMENTS\2010-12 term\committee FA.doc/jft